Possible defenses to drunk driving

On Behalf of | Dec 10, 2020 | DUI |

A conviction for driving while intoxicated can impact your finances, job, eligibility for a profession, possession of your driver’s license and even your freedom in some cases. It is important to remain calm and know your rights when you are stopped so you have the ability to present various defenses to a drunk driving charge.

Inaccurate blood test

A blood test may be a vital piece of evidence against you. But there may be inaccurate results from blood fermentation during testing, blood contamination and improper storage.

Citing improper testing procedures or unqualified technicians may be an effective defense. Faulty equipment or incompetent handling of blood samples can also invalidate these tests.

Breathalyzer test

Many factors can also impact the validity of a breath test. First, a test may be suppressed if it was not applied properly by the police or they did not watch the suspect taking it.

A high protein diet can also skew the results and may be an effective defense if the driver did not drink or had only one beer. The body, in a low diet, utilizes stored proteins and fats and produces ketones that is released as isopropyl alcohol in the breath. It may also lead to high alcohol content in a blood test.

Acid reflux, heartburn, GERD, and other medical conditions can invalidate results. The breath test should measure air coming from the lungs. When drivers suffer from these conditions, the results may be incorrect because air travels from the stomach and affects the measured air quality.

Traces of alcohol in the mouth, which should not be measured, can lead to higher alcohol levels. Alcohol may be retained in the mouth because of dental work trapping small amounts of alcohol, a burp, or a regurgitation.

Field sobriety test

These tests measure the motorist’s completion of requested physical tasks such as walking a straight line or touching their nose with their eyes shut.

The police cannot engage in any intimidation and there should be adequate lighting. Other factors which can also impact accuracy is the driver’s footwear, weather conditions and whether the test was performed on an uneven surface.

Probable cause

The police must evidence of a possible offense before they pull a motorist over and begin tests. If the police stopped a motorist who was driving safely, there may be grounds to challenge the stop in court. Any evidence obtained in an unlawful stop may be suppressed.

You should contact an attorney immediately of you are stopped for suspected drunk driving. Lawyers can review the facts and circumstances surrounding the stop, determine whether these and other tests should be made and help assure that your rights are protected.